N. P. Contracting & Paving Co. v. City of Pasadena

Citations

• 116 Cal. 6
• 47 P. 777
• 1897 Cal. LEXIS 498

Syllabus

<p>Street Improvement — Construction of Street Law—Forfeiture of Deposit by Successful Bidder—Illegal Proceedings—Failure of Consideration—Recovery of Deposit.—The provision of the street law that the certified check accompanying a bid for street work shall be declared forfeited if the successful bidder fails to enter into the contract, contemplates a forfeiture for failure to enter into a contract based upon legal proceedings of the municipal authorities; but when the proceedings are illegal, the promise of the contractor is a naked offer without consideration, and he is not estopped or bound thereby, and a deposit of money accompanying such a promise is recoverable at law.</p> <p>Id.—Invalid Delegation of Discretion to Superintendent of Streets and City Engineer — Cost of Extra Concrete. — A discretion lodged in the board of supervisors alone cannot be delegated to the superintendent and city engineer; and where the specifications of a contemplated street improvement leave it to them to designate what extra concrete shall be put in, to be paid for at a pro rata of the contract price, thus giving them power to increase the cost of the work to an indefinite extent, and withholding from the property owner all means of determining what may be to him the ultimate cost of the finished work, the proceedings for the improvement are thereby rendered invalid.</p>